World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

Turkey 5:

Report by the Secretariat (WT/TPR/S/249): III. TRADE POLICIES AND PRACTICES BY MEASURE: (2) Measures Directly Affecting Imports: page 72, para. 119:

Could India clarify if rules and regulations concerning the Food Safety and Standards Act are being implemented?

Reply: Yes, The FSS Rules, 2011 were notified on 5 May 2011 and FSS Regulations, 2011 were notified on 1 August 2011, The FSS Act has been implemented with effect from 5 August 2011.

Turkey 6:

Report by the Secretariat (WT/TPR/S/249): III. TRADE POLICIES AND PRACTICES BY MEASURE: (3) Measures Directly Affecting Exports: page 84, para. 156:

Could India confirm if the exports to domestic tariff area (DTA) from the export oriented units are subject to the excise and/or additional duties, fees and charges besides the 25% basic customs duty and 100% additional customs duty?

Reply: Clearances from the export oriented units to DTA attract excise duty equivalent to the aggregate of customs duties. The effective rate however is 50% of basic customs duty plus full additional customs duty. Education cess at the rate of 3% of these duties is also applicable.

Turkey 7:

Report by the Secretariat (WT/TPR/S/249): III. TRADE POLICIES AND PRACTICES BY MEASURE: (3) Measures Directly Affecting Exports: page 79, para. 140:

Could India clarify if the exports of cotton and cotton yarn are still subject to export restrictions as explained in para. 140?

Reply: Cotton and Cotton yarn are now freely exportable subject to registration by Directorate General of Foreign Trade (DGFT) in the Department of Commerce. The detailed procedure for registration is given in the DGFT Notification No. 63 (RE 2010)/2009 2014, dated 4 August 2011 and is available at website http://dgft.gov.in.

UNITED STATES

US 1:

Report by the Government (WT/TPR/G/249): Page 13, Paragraph 28:

The Secretariat mentions the Government's focus on youth education and employment, stating that education is free and compulsory until age 14 and that the Government is focused on creating educational programs geared toward job training. What types of measures or programs has the Government enacted or undertaken to ensure children under 14 both stay in school and are not employed, particularly with regard to hazardous work?

Reply: Indian Constitution states that the State shall provide free and compulsory education to all children between the age of 6 and 14 years in such manner as the State, by law, may determine. In 2009, the Right to Education Act was enacted to provide free and compulsory education to all children between the age of 6 and 14 years.

"Sarva Shiksha Abhiyan" to universalize primary education, Mid Day Meal scheme, schemes to provide food and shelter to the children withdrawn from work, and various income and employment generation schemes covering the families of these children for their economic rehabilitation are some of the initiatives in this direction.

Under the project based plan of action, Government announced National Child Labour Programme in 1988 in districts of high child labour concentration. 330,000 children have been mainstreamed during 11^th five year plan.

Presently, as per Child Labour (Prohibition and Regulation) Act, 1986, children below the age of 14 years are prohibited for employment in hazardous occupations/processes specified in the Act.

US 2:

Report by the Government (WT/TPR/G/249): Page 25, paragraph 93:

India notes that in the period under review, "…several safeguard investigations were terminated without imposing duty. Similar restraint was shown in respect of anti dumping investigations." Given its status as a significant user of trade remedies, could India please describe the process whereby restraint is reflected in its initiation procedures?

Reply: The designated authority (DA) initiates anti dumping investigation under Rule 5 of the Anti Dumping Rules after being satisfied with the adequacy and accuracy of information as regards prima facie evidence of dumping, injury and a causal link furnished in the application . During the period under review, all the applications were scrutinised in terms of the relevant rules and the relevant provisions of the Agreement on Anti Dumping. There has not been a single case of suo moto initiation of anti dumping investigation. Further, there were cases where the anti dumping investigation were not initiated as the DA after examination came to the conclusion that there was no prima facie evidence of dumping, injury and causal link between such dumped import and alleged injury.

In respect of safeguard investigations, the DG Safeguards did not initiate safeguard investigations in respect of nine applications submitted by the domestic industry during the period 2008 2010.

US 3:

Report by the Government (WT/TPR/G/249): Page 22, paragraph 76:

India appears to suggest that trade liberalization is inconsistent with the development interests of micro, small and medium sized enterprises, and that therefore India must "protect" its enterprises. Given that tariffs and other trade barriers can often have a disproportionately adverse effect on the ability of such enterprises to reach foreign markets, how does India see trade liberalization hurting the interests of its enterprises?

Reply: Special and differential treatment provisions for developing countries are an essential part of the ongoing Doha Round of trade negotiations in recognition of the fact that developing countries must be able to take care of their development needs and concerns. Developing countries need to be able to take part in global trade on equitable and fair terms, by provisions that allow their nascent industries to grow and flourish and to become competitive enough to make use of the opportunities provided by trade liberalisation.

US 4:

Report by the Government (WT/TPR/G/249): Page 25, paragraph 95:

In its report, India states that it has "unilaterally roll[ed] back its trade defence measures." Does this mean that India has declined to impose trade defence measures even where the conditions for imposition under the WTO Agreement have been met? Or does this refer to trade defence measures that were terminated because they did not meet the conditions for imposition?

Reply: As reported by India in the semi annual report for following periods, 51 anti dumping measures were terminated either after review or the measures were allowed to lapse without initiating review: